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2009 - 2010 LEGISLATURE
SENATE AMENDMENT 1,
TO SENATE SUBSTITUTE AMENDMENT 1,
TO 2009 SENATE BILL 651
April 20, 2010 - Offered by Senators Plale and Kanavas.
SB651-SSA1-SA1,1,11 At the locations indicated, amend the substitute amendment as follows:
SB651-SSA1-SA1,1,2 21. Page 1, line 6: after "programs;" insert "a water consumption tax credit;".
SB651-SSA1-SA1,1,3 32. Page 4, line 8: after that line insert:
SB651-SSA1-SA1,1,5 4" Section 8b. 71.05 (6) (a) 15. of the statutes, as affected by 2009 Wisconsin Act
528
, is amended to read:
SB651-SSA1-SA1,1,116 71.05 (6) (a) 15. The amount of the credits computed under s. 71.07 (2dd), (2de),
7(2di), (2dj), (2dL), (2dm), (2dr), (2ds), (2dx), (2dy), (3g), (3h), (3n), (3p), (3q), (3r), (3s),
8(3t), (3w), (5e), (5f), (5h), (5i), (5j), (5k), (5rm), and (8r) and not passed through by a
9partnership, limited liability company, or tax-option corporation that has added that
10amount to the partnership's, company's, or tax-option corporation's income under s.
1171.21 (4) or 71.34 (1k) (g).
SB651-SSA1-SA1, s. 8c 12Section 8c. 71.07 (5rm) of the statutes is created to read:
SB651-SSA1-SA1,1,13
171.07 (5rm) Water consumption credit. (a) Definitions. In this subsection:
SB651-SSA1-SA1,2,22 1. "Ccf" means 100 cubic feet.
SB651-SSA1-SA1,2,63 2. "Claimant" means a person who files a claim under this subsection, who is
4an industrial customer of a municipal water utility that is located in a federal
5renewal community zone in this state, and whose average annual water
6consumption from that utility for a 24-month period exceeds 1,000,000 Ccf.
SB651-SSA1-SA1,2,117 (b) Filing claims. Subject to the limitations provided in this subsection, for
8taxable years beginning after December 31, 2009, a claimant may claim as a credit
9against the tax imposed under s. 71.02, up to the amount of the tax, the amount
10determined as follows, except that the maximum amount that a claimant may claim
11in a taxable year under this subsection is $300,000:
SB651-SSA1-SA1,2,1312 1. Subtract the claimant's 2009 water usage costs from the claimant's water
13usage costs for the taxable year.
SB651-SSA1-SA1,2,1514 2. If the amount determined under subd. 1. is a positive number, multiply that
15amount by 0.50.
SB651-SSA1-SA1,2,2316 (c) Limitations. Partnerships, limited liability companies, and tax-option
17corporations may not claim the credit under this subsection, but the eligibility for,
18and the amount of, the credit are based on their payment of amounts under par. (b).
19A partnership, limited liability company, or tax-option corporation shall compute
20the amount of credit that each of its partners, members, or shareholders may claim
21and shall provide that information to each of them. Partners, members of limited
22liability companies, and shareholders of tax-option corporations may claim the
23credit in proportion to their ownership interests.
SB651-SSA1-SA1,2,2524 (d) Administration. Section 71.28 (4) (e) to (h), as it applies to the credit under
25s. 71.28 (4), applies to the credit under this subsection.
SB651-SSA1-SA1, s. 8d
1Section 8d. 71.10 (4) (ce) of the statutes is created to read:
SB651-SSA1-SA1,3,22 71.10 (4) (ce) Water consumption credit under s. 71.07 (5rm).
SB651-SSA1-SA1, s. 8e 3Section 8e. 71.21 (4) of the statutes, as affected by 2009 Wisconsin Act 28, is
4amended to read:
SB651-SSA1-SA1,3,85 71.21 (4) Credits computed by a partnership under s. 71.07 (2dd), (2de), (2di),
6(2dj), (2dL), (2dm), (2ds), (2dx), (2dy), (3g), (3h), (3n), (3p), (3q), (3r), (3s), (3t), (3w),
7(5e), (5f), (5g), (5h), (5i), (5j), (5k), (5rm), and (8r) and passed through to partners
8shall be added to the partnership's income.
SB651-SSA1-SA1, s. 8f 9Section 8f. 71.26 (2) (a) 4. of the statutes, as affected by 2009 Wisconsin Act
1028
, is amended to read:
SB651-SSA1-SA1,3,1611 71.26 (2) (a) 4. Plus the amount of the credit computed under s. 71.28 (1dd),
12(1de), (1di), (1dj), (1dL), (1dm), (1ds), (1dx), (1dy), (3g), (3h), (3n), (3p), (3q), (3r), (3t),
13(3w), (5e), (5f), (5g), (5h), (5i), (5j), (5k), (5rm), and (8r) and not passed through by a
14partnership, limited liability company, or tax-option corporation that has added that
15amount to the partnership's, limited liability company's, or tax-option corporation's
16income under s. 71.21 (4) or 71.34 (1k) (g).
SB651-SSA1-SA1, s. 8g 17Section 8g. 71.28 (5rm) of the statutes is created to read:
SB651-SSA1-SA1,3,1818 71.28 (5rm) Water consumption credit. (a) Definitions. In this subsection:
SB651-SSA1-SA1,3,1919 1. "Ccf" means 100 cubic feet.
SB651-SSA1-SA1,3,2320 2. "Claimant" means a person who files a claim under this subsection, who is
21an industrial customer of a municipal water utility that is located in a federal
22renewal community zone in this state, and whose average annual water
23consumption from that utility for a 24-month period exceeds 1,000,000 Ccf.
SB651-SSA1-SA1,4,324 (b) Filing claims. Subject to the limitations provided in this subsection, for
25taxable years beginning after December 31, 2009, a claimant may claim as a credit

1against the tax imposed under s. 71.23, up to the amount of the tax, the amount
2determined as follows, except that the maximum amount that a claimant may claim
3in a taxable year under this subsection is $300,000:
SB651-SSA1-SA1,4,54 1. Subtract the claimant's 2009 water usage costs from the claimant's water
5usage costs for the taxable year.
SB651-SSA1-SA1,4,76 2. If the amount determined under subd. 1. is a positive number, multiply that
7amount by 0.50.
SB651-SSA1-SA1,4,158 (c) Limitations. Partnerships, limited liability companies, and tax-option
9corporations may not claim the credit under this subsection, but the eligibility for,
10and the amount of, the credit are based on their payment of amounts under par. (b).
11A partnership, limited liability company, or tax-option corporation shall compute
12the amount of credit that each of its partners, members, or shareholders may claim
13and shall provide that information to each of them. Partners, members of limited
14liability companies, and shareholders of tax-option corporations may claim the
15credit in proportion to their ownership interests.
SB651-SSA1-SA1,4,1716 (d) Administration. Subsection (4) (e) to (h), as it applies to the credit under
17sub. (4), applies to the credit under this subsection.
SB651-SSA1-SA1, s. 8h 18Section 8h. 71.30 (3) (ce) of the statutes is created to read:
SB651-SSA1-SA1,4,1919 71.30 (3) (ce) Water consumption credit under s. 71.28 (5rm).
SB651-SSA1-SA1, s. 8i 20Section 8i. 71.34 (1k) (g) of the statutes, as affected by 2009 Wisconsin Act 28,
21is amended to read:
SB651-SSA1-SA1,4,2522 71.34 (1k) (g) An addition shall be made for credits computed by a tax-option
23corporation under s. 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1dm), (1ds), (1dx), (1dy),
24(3), (3g), (3h), (3n), (3p), (3q), (3r), (3t), (3w), (5e), (5f), (5g), (5h), (5i), (5j), (5k), (5rm),
25and (8r) and passed through to shareholders.
SB651-SSA1-SA1, s. 8j
1Section 8j. 71.45 (2) (a) 10. of the statutes, as affected by 2009 Wisconsin Act
228
, is amended to read:
SB651-SSA1-SA1,5,93 71.45 (2) (a) 10. By adding to federal taxable income the amount of credit
4computed under s. 71.47 (1dd) to (1dy), (3g), (3h), (3n), (3p), (3q), (3r), (3w), (5e), (5f),
5(5g), (5h), (5i), (5j), (5k), (5rm), and (8r) and not passed through by a partnership,
6limited liability company, or tax-option corporation that has added that amount to
7the partnership's, limited liability company's, or tax-option corporation's income
8under s. 71.21 (4) or 71.34 (1k) (g) and the amount of credit computed under s. 71.47
9(1), (3), (3t), (4), (4m), and (5).
SB651-SSA1-SA1, s. 8k 10Section 8k. 71.47 (5rm) of the statutes is created to read:
SB651-SSA1-SA1,5,1111 71.47 (5rm) Water consumption credit. (a) Definitions. In this subsection:
SB651-SSA1-SA1,5,1212 1. "Ccf" means 100 cubic feet.
SB651-SSA1-SA1,5,1613 2. "Claimant" means a person who files a claim under this subsection, who is
14an industrial customer of a municipal water utility that is located in a federal
15renewal community zone in this state, and whose average annual water
16consumption from that utility for a 24-month period exceeds 1,000,000 Ccf.
SB651-SSA1-SA1,5,2117 (b) Filing claims. Subject to the limitations provided in this subsection, for
18taxable years beginning after December 31, 2009, a claimant may claim as a credit
19against the tax imposed under s. 71.43, up to the amount of the tax, the amount
20determined as follows, except that the maximum amount that a claimant may claim
21in a taxable year under this subsection is $300,000:
SB651-SSA1-SA1,5,2322 1. Subtract the claimant's 2009 water usage costs from the claimant's water
23usage costs for the taxable year.
SB651-SSA1-SA1,5,2524 2. If the amount determined under subd. 1. is a positive number, multiply that
25amount by 0.50.
SB651-SSA1-SA1,6,8
1(c) Limitations. Partnerships, limited liability companies, and tax-option
2corporations may not claim the credit under this subsection, but the eligibility for,
3and the amount of, the credit are based on their payment of amounts under par. (b).
4A partnership, limited liability company, or tax-option corporation shall compute
5the amount of credit that each of its partners, members, or shareholders may claim
6and shall provide that information to each of them. Partners, members of limited
7liability companies, and shareholders of tax-option corporations may claim the
8credit in proportion to their ownership interests.
SB651-SSA1-SA1,6,109 (d) Administration. Section 71.28 (4) (e) to (h), as it applies to the credit under
10s. 71.28 (4), applies to the credit under this subsection.
SB651-SSA1-SA1, s. 8L 11Section 8L. 71.49 (1) (ce) of the statutes is created to read:
SB651-SSA1-SA1,6,1212 71.49 (1) (ce) Water consumption credit under s. 71.47 (5rm).
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